LaPook v. City of Chicago

570 N.E.2d 708, 211 Ill. App. 3d 856, 156 Ill. Dec. 232, 1991 Ill. App. LEXIS 508
CourtAppellate Court of Illinois
DecidedMarch 28, 1991
Docket1-88-3808
StatusPublished
Cited by30 cases

This text of 570 N.E.2d 708 (LaPook v. City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LaPook v. City of Chicago, 570 N.E.2d 708, 211 Ill. App. 3d 856, 156 Ill. Dec. 232, 1991 Ill. App. LEXIS 508 (Ill. Ct. App. 1991).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Plaintiff filed a three-count complaint seeking damages for the wrongful death of his wife and unborn child. The second count, alleging that the treatment by Chicago fire department paramedics was wilful and wanton and proximately caused the deaths, was the only count which went to the jury. The jury returned a verdict for the plaintiff, but also answered a special interrogatory which the trial court found to be inconsistent with the general verdict. Upon defendant’s motion, the court then entered judgment on the special interrogatory. For the following reasons, we affirm the judgment of the trial court.

On October 12, 1978, Mary Patricia LaPook, age 32 and seven months pregnant, collapsed in the lobby of the Brunswick Building, 69 West Washington in Chicago. Chicago fire department paramedic Unit 41, Timothy Timm and Frank Howe, arrived on the scene at 2:12 p.m. Paramedic Timm was the officer in charge.

Paramedic Timm testified that he had little independent recollection of the incident, but based on his recollections and the “run sheet” which he filled out for each call, he testified as to the following facts: Mrs. LaPook was unconscious when he and paramedic Howe arrived on the scene. Mrs. LaPook’s blood pressure and pulse rate were both taken and both measured zero. Her respiration was 16, slightly below normal. Mrs. LaPook was also given oxygen. They attached a cardiac monitor to her which indicated a normal sinus rhythm of 80. Based upon these readings, Timm determined that Mrs. LaPook’s condition was possibly shock caused by hypovolemia (low blood volume). In accordance with the paramedics’ standing medical orders for shock due to trauma and/or blood loss, an intravenous solution (IV) was given to Mrs. LaPook.

Timm and Howe continued to monitor Mrs. LaPook’s vital signs. She regained consciousness and informed them she was seven months pregnant and had a history of an enlarged spleen. She also complained of pain in her shoulders. At 2:30 p.m., Unit 45 consisting of paramedics Staerk, Kruse and Ingram arrived on the scene. After speaking to Timm, they left, returning to base at 2:45 p.m.

Also, at 2:30 p.m., Mrs. LaPook’s respiration dropped to zero and her heart went into sinus tachychardia (abnormally fast heart beat). At 2:32 p.m., Timm called Northwestern Memorial Hospital. Standard procedure required that once the hospital was contacted, the paramedics must follow its instructions, not their standing medical orders. The hospital ordered a second IV which was given at 2:40 p.m.

At 2:48 p.m., Mrs. LaPook was transported to the hospital. Paramedic Howe testified that during the ride, she again complained of pain and asked to be rolled on her side. At 2:54 p.m., less than one minute before she reached the hospital, she went into cardiac arrest. Timm and Howe performed CPR on her as they transported her from the ambulance to the emergency room.

Dr. Robert Franzen, the attending emergency room physician, testified that he and the emergency room staff attempted to revive Mrs. LaPook. Her heart was stimulated with a cardiac facing wire, a heart monitor was attached, and she was given two more IV solutions, three units of whole blood and some albumin. In spite of their efforts, Mrs. LaPook died at 3:32 p.m. The cause of her death was intra-abdominal bleeding with irreversible hypovolemia. Approximately 20 minutes later, after a cesarean operation was performed, Baby LaPook was pronounced dead.

Two experts testified on behalf of plaintiff. Both were of the opinion that the paramedics should have started two I Vs immediately and Mrs. LaPook should have been transported to the hospital more quickly. All that the paramedics did could have been done in 10 tol5 minutes and Mrs. LaPook should then have been immediately transported to the hospital. It was apparent that Mrs. LaPook was in critical condition and needed expert medical help fast. Both opined that had the paramedics acted more quickly, Mrs. LaPook’s chances for survival would have been greater.

Two experts testified on behalf of defendant. Both believed that the paramedics had not deviated from the expected prehospital standard of care in Chicago in 1978. Both also believed that Mrs. LaPook's enlarged spleen complicated by cirrhosis of the liver and pregnancy was an extremely rare condition and that she had little or no chance of survival, no matter how quickly the paramedics had acted.

During the jury instruction conference, the defendant tendered the following two special interrogatories:

“1. Was Paramedic Thomas Howe guilty of wilful and wanton misconduct on October 12, 1978?
If and only if yes, go on to answer the next question:
2. Was such wilful and wanton misconduct a proximate cause of the deaths?”

And:

“1. Was Paramedic Timothy Timm guilty of wilful and wanton misconduct on October 12,1978?
If and only if yes, go on to answer the next question:
2. Was such wilful and wanton misconduct a proximate cause of the deaths?”

The plaintiff objected to the form and substance of the interrogatories, stating that Timm and Howe should not be singled out because they were not named defendants. He suggested using the term “paramedics.” The plaintiff also stated that the element of proximate cause should be included in the special interrogatory in one question. The court agreed with the plaintiff, suggesting that there should be one interrogatory asking whether “either or both were guilty of wilful and wanton misconduct,” and refused the instructions. The defendant amended the instructions pursuant to the plaintiff’s suggestion and later tendered the following special interrogatory to the court:

“Were the paramedics guilty of wilful and wanton conduct that contributed to or proximately caused the deaths of the decedents?”

The court asked plaintiff if he would like to make any specific objections to the instruction. He responded that he had no specific objection, only a general one as to the necessity of giving a special interrogatory in this case.

During the course of its deliberation, the jury sent the following questions to the judge:

“Your Honor, we would like clarification of the following points:
1. In the attached document, is the word ‘knowing’ a reference to the paramedics’ medical experience and expertise? That is, based on their previous experience and expertise, does this mean that they should have recognized the seriousness of Mrs. LaPook’s situation, based their actions thusly, knowing do [sic] otherwise result in her possible death?
Or,
2. Does ‘knowing’ mean that they acted maliciously to endanger her life, therefore, stood by and did nothing?
3.

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Cite This Page — Counsel Stack

Bluebook (online)
570 N.E.2d 708, 211 Ill. App. 3d 856, 156 Ill. Dec. 232, 1991 Ill. App. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lapook-v-city-of-chicago-illappct-1991.